Pedestrian Accidents
Pedestrian Accident Lawyers Serving Injured Victims Throughout New York City
Pedestrian accidents remain a serious safety concern across New York City, and a single crash can leave a victim facing painful injuries, mounting medical bills, and an uncertain recovery. If you or a loved one has been struck by a vehicle while walking in New York, the pedestrian accident attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP are prepared to investigate what happened and help you pursue the compensation you deserve. Our firm has represented injured pedestrians throughout Manhattan, Brooklyn, Queens, the Bronx, and Staten Island, and we understand how these cases unfold on New York City streets.
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Busy intersections, heavy commuter traffic, and dense foot traffic make pedestrian accidents an ongoing risk in every borough. When a driver's carelessness causes a collision, the law gives injured pedestrians a path to recover damages — but that path is often complicated by insurance disputes, comparative fault arguments, and strict filing deadlines.
Why Work With Rosenberg, Minc, Falkoff & Wolff, LLP After a Pedestrian Accident
Pursuing a claim after a pedestrian accident means going up against insurance companies that are focused on limiting payouts. Rosenberg, Minc, Falkoff & Wolff, LLP has taken numerous personal injury cases through litigation and trial, and our attorneys know how to build a case that holds negligent drivers, and sometimes other responsible parties, accountable.
We treat every client with the attention their situation deserves, working to understand the full scope of how the accident has affected their life before pursuing a resolution. Schedule a free consultation to discuss what happened and learn about your legal options.
Can I File a Claim After Being Hit by a Car in New York?
In most cases, yes. New York's no-fault insurance system entitles a pedestrian struck by a motor vehicle to first-party benefits, including coverage for medical treatment and a portion of lost income, regardless of who caused the crash. To preserve these benefits, an application generally must be submitted shortly after the accident, so prompt action matters.
Pedestrians generally have the right-of-way in a marked crosswalk. A pedestrian struck while lawfully crossing with the signal, including situations involving a left-turning vehicle, typically has a strong basis for a claim. Pedestrians hit outside of a marked crosswalk may also have a valid case if they were exercising reasonable care when the accident occurred.
Common Causes of Pedestrian Accidents in New York City
Drivers are legally required to exercise reasonable care to avoid hitting pedestrians. When they fail to do so, the resulting collision is often the product of negligence. Frequent causes we see in cases from across the five boroughs include:
- Failing to yield the right-of-way at crosswalks
- Distracted driving, including cellphone use
- Speeding or driving too fast for conditions
- Disobeying traffic signals or signs
- Failing to signal before turning
- Driving under the influence of alcohol or drugs
These hazards show up differently depending on where they occur — heavy pedestrian volume in Manhattan, wide arterial roads in Queens, residential intersections in the Bronx, commercial corridors in Brooklyn, and higher-speed roadways in Staten Island. Regardless of location, the same legal principles apply when a driver's negligence causes injury.
How Fault Is Determined in a New York Pedestrian Accident
Establishing fault requires evidence. Police reports, witness statements, photographs of the scene, surveillance footage, and medical records documenting the nature of the injury all play a role in reconstructing how the accident happened. While a police report alone is generally not admissible at trial, it often points investigators toward evidence that supports the claim.
Driver liability
A driver who strikes a pedestrian, particularly one lawfully in a crosswalk, will typically bear significant liability. Getting behind the wheel comes with a legal duty to stay alert and avoid foreseeable hazards.
Pedestrian responsibility
A pedestrian's own conduct can affect a claim. Crossing against a traffic signal, walking in a location where pedestrians are prohibited, or being distracted at the time of the accident may reduce or complicate recovery.
Shared fault
New York applies comparative negligence, meaning a pedestrian's compensation can be reduced by their percentage of fault. For example, a pedestrian awarded $10,000 but found 25% at fault would recover $7,500.
Municipal liability
When a malfunctioning traffic signal, poorly designed intersection, or unmaintained roadway contributes to a crash, the city or another government entity may share responsibility. These claims involve unique procedural requirements and shorter notice deadlines than standard injury claims, so early legal guidance is important.
When a Pedestrian Accident Lawyer Can Help
If you've been injured while walking in New York City, legal guidance becomes especially valuable when the insurance company disputes fault, when a municipality's negligence may be involved, when injuries are severe, or when it's unclear whether an offered settlement reflects the true value of your losses. A pedestrian accident lawyer can gather evidence, handle communication with insurers, and pursue every avenue of compensation available under the circumstances of your case.
What Compensation Can Cover After a Pedestrian Accident
Beyond no-fault benefits, an injured pedestrian who meets New York's serious injury threshold may pursue additional compensation through a claim against the at-fault driver. Recoverable damages often include:
Medical expenses
past and future costs for ambulance transport, emergency care, surgery, hospitalization, physical therapy, and medical equipment.
Lost wages
income and benefits lost while recovering, as well as compensation for diminished future earning capacity if injuries prevent a return to prior work.
Pain and suffering
compensation for physical pain and emotional distress, which requires careful presentation since there's no fixed formula for calculating these damages.
Loss of enjoyment of life
compensation when injuries prevent someone from participating in activities they previously enjoyed, including claims for loss of consortium affecting a spouse.
New York law defines a "serious injury" to include significant disfigurement, bone fracture, permanent limitation of a body organ or member, significant limitation of a body function, or a disability lasting 90 of the first 180 days following the accident.
Call 6464801587 for a Free Consultation.
No Fee Unless We Win.
Awards & Recognition
Rosenberg, Minc, Falkoff & Wolff, LLP is consistently recognized for its legal excellence and unwavering commitment to clients by prominent legal organizations. Our firm and its attorneys have earned accolades that reflect our high ethical standards and successful track record.
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Frequently Asked Questions
What should I do immediately after being hit by a car while walking?
Seek medical attention right away, even if injuries seem minor, since some symptoms take time to appear. If possible, report the accident to police, gather contact information from witnesses, and take photographs of the scene before evidence disappears.
How long do I have to file a pedestrian accident claim in New York?
Deadlines vary depending on whether the claim involves no-fault benefits, a private driver, or a government entity, and municipal claims often carry significantly shorter notice requirements. Because these timeframes can be strict and unforgiving, it's best to consult an attorney as soon as possible after the accident.
Can I still recover compensation if I wasn't in a crosswalk?
Possibly. New York's comparative negligence rule allows a pedestrian to recover damages even if they share some fault, though the award may be reduced by their percentage of responsibility.
Does no-fault insurance cover all of my medical bills?
No-fault benefits are designed to cover a substantial portion of medical treatment and a percentage of lost income, but they are subject to policy limits and may not cover pain and suffering. Serious injuries often require pursuing additional compensation beyond no-fault coverage.
What if the driver who hit me fled the scene?
Hit-and-run cases can still qualify for compensation through uninsured motorist coverage or other available avenues. Reporting the accident promptly and documenting the vehicle's description can assist in identifying the driver.
Can I bring a claim if a poorly maintained sidewalk or broken traffic signal contributed to my accident?
Yes, in situations where a government entity's negligence, such as a malfunctioning traffic control device or hazardous roadway condition, contributed to the accident, a claim against the municipality may be possible, though these cases involve distinct procedural rules.
How is fault split when both the driver and pedestrian made mistakes?
New York's comparative negligence standard allows each party's share of fault to be weighed, with compensation reduced proportionally to the pedestrian's percentage of responsibility.
Do I need a lawyer if the insurance company already offered me a settlement?
An early settlement offer may not reflect the full extent of your medical needs and losses, particularly if injuries are still developing. Reviewing the offer with an attorney before accepting can help ensure it adequately covers your damages.
Speak With a Pedestrian Accident Attorney Today
Recovering from a pedestrian accident takes time, and dealing with insurance companies shouldn't add to that burden. The attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP are ready to review your case, explain your options, and help you pursue the compensation you need to move forward. Contact us online or call 646-480-0830 for a free consultation.